Blog Archive - June, 2015

The Centers for Disease Control and Prevention reports that every year, over 130,000 people die from unintentional injury deaths. This includes about 30,000 unintentional fall deaths and another 33,000 motor vehicle traffic deaths. Losing a loved one in an accident is a traumatic event made all the more tragic due to the often preventable nature of unintentional accidents. Family members of deceased accident victims find themselves grappling with an immense amount of stress and financial burdens made all the more severe due to the emotional impact of the loss.

Each year, as reported by the Insurance Institute for Highway Safety Highway Loss Data Institute, there are over 30,000 fatal automobile accident crashes and millions of car accidents that result in property damage or injuries. For every 100,000 people across the United States, ten motor vehicle accident deaths will occur. In Georgia alone, more than 1,000 individuals are killed each year in motor vehicle crashes.

When automobile accidents result in injuries, seeking medical treatment serves not only to stabilize and heal an injury, but also to document that your injuries were the result of the accident. If you believe another person is responsible for causing the accident, medical records help document and prove the injuries you sustained from the incident. There are situations where you may be asked to undergo what's called an "independent medical examination (IME)." Another driver's insurance carrier (or even your own) may request that you undergo an IME in order to confirm whether or not your injuries may be related to the automobile accident you were involved in. It is always a good idea to consult with an attorney before undergoing an IME as the results could have a significant effect on the outcome of your case.

Obtaining the assistance of a licensed Georgia personal injury attorney in order to pursue your claim is tantamount to your success. Some accident victims elect to forgo the assistance of an attorney in an attempt to bring their claim on their own. However, this can be a costly mistake for personal injury victims facing immense property damage, medical bills, and time off work. Those who proceed without an attorney will often miss critical steps in the legal process and accept settlements of far less than what they could have recovered with the assistance of a skilled personal injury attorney.

Commercial truck accidents commonly result in serious or even fatal injuries due to the immense size of these multi-ton vehicles. Lawsuits stemming from truck accidents can involve complex legal issues and the involvement of federal law. These lawsuits vary significantly from the average car accident lawsuit and will generally involve multiple parties who are potentially liable for the injuries inflicted on the driver and passengers in the car. Federal and state law govern the trucking industry and several safety standards have been passed to help keep the public and truckers alike safe on the roadways. Accordingly, the following is an overview of federal law as it relates to tractor trailer and other commercial truck accidents.

Any employer who ignores safety standards in an effort to maximize profits places their employees at risk. To health and safety inspectors driving by a Bojangles' restaurant in Liburn, Georgia in October of 2014, it was clear that employers were cutting corners at the expense of their employee's safety.

In the stressful aftermath of a car accident, it is easy to make some costly mistakes. Innocent missteps can have a devastating effect on the recovery of accident victims. The following is a look at some of the most common mistakes accident victims make that can hinder their ability to obtain full compensation for their injuries stemming from an automobile accident:

Just last month, former Georgia state senator Joey Brush was killed in a tragic accident while he was riding his motorcycle. The driver that struck Mr. Brush is alleged to be at fault for causing the accident, as she pulled out in front of Mr. Brush, and she is now facing charges. This accident was the first deadly motorcycle accident of 2015. While motorcycles have become safer over the years, tragic motorcycle accidents continue to occur for a variety of reasons, including driver error as in this particular situation.

More than 20,000 children's dressers, armories, combos, and hutches have been recalled due to a number of significant safety concerns. The Consumer Product Safety Commission reports that the recall involved Pali Design items from various collections. These items were sold mainly in Babies R' Us stores, but were also sold in independent specialty stores across the country, according to WSB TV.

School is out for the summer and more children are out playing in their yards and riding bicycles around the neighborhood. This means that it is even more critical that drivers slow down and pay attention when driving through residential areas. One Conyers man has made it his mission to ensure drivers slow down on his street and is getting public officials involved in the campaign.

Breaking down on the roadway is a top fear of nearly any driver. While a properly maintained vehicle is unlikely to break down, cars of all types are susceptible to mechanical problems. Tire and brake issues are some of the most common car problems that cause vehicles to break down. Breaking down on the roadway, especially a busy expressway, can be extremely dangerous. A number of pedestrians have been killed after their vehicles broke down at night across the Atlanta area. Two such deaths occurred this past winter.

According to the Occupational Safety & Health Administration and the National Institute for Occupational Safety and Health, electrocutions are a leading cause of worker deaths, accounting for about 71 deaths in the construction industry alone and an average of 411 deaths in all industries each year. Employees whose jobs place them in proximity to electrical sources can be at high risk of electrocution and electrical-related injuries.

Following last month's Amtrak accident in Pennsylvania that resulted in the loss of six innocent lives, Amtrak is undoubtedly trying to piece things together and take measures to ensure similar accidents do not happen again. However, Amtrak was in the news again recently, as a train traveling from San Antonio to Chicago was involved in an accident where the train collided with a semi-truck at a railroad crossing, according to ABC News. Luckily the driver of the semi-truck and all passengers on the Amtrak train were fortunately not injured. Given that this accident is so recent, it is still unclear exactly how the accident occurred, although it is possible that the semi-truck was stalled at a railroad crossing.

Four-wheelers and other ATVs are extremely popular in Georgia and throughout the Southeast. Most people who enjoy these vehicles do so safely without harm being caused to anyone. However, from time to time, accidents occur that raise questions as to how safe ATVs are, and whether or not they are being used properly. Given that summertime is officially here, it is no surprise that ATVs are being used on a regular basis – especially by children and teenagers. Recent ATV accidents involving children and teenagers demonstrate that accidents can occur at any time, and the consequences have the potential to cause serious injury or death.

A young Georgia woman lost her life recently while participating in a charity bicycle race, according to the Times-Herald of Newnan, Georgia. She lost control of her bicycle and was thrown into oncoming traffic. Despite its attempt to avoid the young woman, a vehicle ended up striking her, resulting in fatal injuries. This tragic accident is one that was likely unavoidable. Many questions remain as this accident occurred while a charity race event was taking place. However, regardless of the circumstances surrounding the accident, the fact remains that bicycle accidents can occur without warning at any given time.

Tragic accidents continue to plague Georgia this year, as three young children recently passed away following a horrific car accident, according to WRDW TV in Savannah. Just last week, a pickup truck collided with a smaller Toyota as the Toyota was turning left at the intersection of Riverwatch Parkway and Stevens Creek Road. It is difficult to determine who may be at fault for causing this accident that ended the lives of three innocent children. While one child tragically died shortly after the accident, two other children passed away days later, making this particular accident especially painful for family members.

It isn't common for cars to drive the wrong way on a road or highway; however, it does happen from time to time. Just this past weekend, a driver entered Georgia 400 going the wrong way near a toll booth, according to 11 Alive News. The driver struck another car, and is currently in critical condition. It is too early to know why this particular driver entered the roadway against traffic, but the conduct is certainly questionable, and unequivocally posed a risk of harm to others. Luckily, nobody else suffered serious injuries, but some people are not as fortunate, and do in fact suffer severe or even fatal injuries at times.

Our Atlanta car accident lawyers discuss that GM continues to be under fire for the serious injuries and deaths associated with the ignition defect that effectively shuts the engine and power steering off. A recent press release indicates that a total of 111 deaths have been linked to the GM ignition defects, which is a substantial number of innocent people, according to Automotive News. Unfortunately, it is unknown if this death toll will continue to rise, as millions of people across the United States own vehicles manufactured by GM. Even with a recall, there is no way to fully prevent catastrophic accidents from occurring. Further, the GM ignition defects affect not only the driver and any passengers of the car with the defect, but may also affect others on the roadways.

Our personal injury attorneys find the severity of injuries suffered following any type of automobile accident can range from very minor to extremely debilitating. Some of the most severe injuries that people suffer as a result of an accident involve spinal cord damage. A spinal cord injury is not something that can be fixed overnight. All spinal cord injuries are different, so the recovery period for one person may be shorter than it is for another. Regardless, the fact remains that spinal cord injuries can require extensive rehabilitation that could potentially last a lifetime.

Most of us remember the horrific accident comedian Tracy Morgan was involved in approximately one year ago. Mr. Morgan pursued claims against Walmart to recover for the injuries he suffered. The fatigued truck driver that caused the accident was working for Walmart at the time the accident occurred, which is why Mr. Morgan claimed that Walmart shared in responsibility for his injuries. The case did not go to trial because Mr. Morgan settled his lawsuit with Walmart and feels satisfied with the result, according to The Washington Post.

Even the most careful of drivers make mistakes from time to time, whether it is failing to come to a complete stop at a stop sign or red light, failing to put your turn signal on when turning, or otherwise. Driving mistakes are bound to happen, and while many of these mistakes may not result in an accident, some will. When accidents occur due to minor traffic violations, the consequences could be catastrophic, as evidenced by an accident that took place in Brooklet just last week.

Many people with treatable health conditions are able to operate a car without any trouble. While anyone can suffer a health problem at any given moment, most people are able to take their medication and continue on with their lives. However, there are times when a driver may suffer a health problem while driving – a problem that may be unexpected. Recently, a Chicago man died after suffering a heart attack and crashing his car into a concrete structure, according to the Chicago Sun Times. The man sadly died of natural causes stemming from the heart attack itself, but the situation could have been much worse had the accident involved another vehicle.

Nearly all of us have been there—stuck behind a slow moving driver in the passing lane. Now, however, Georgia drivers are in danger of being ticketed for not moving over. An update on Georgia's law on impeding traffic went into effect last July, 2014. It states that anyone impeding traffic in the passing lane can get a ticket, even if they are driving the speed limit. The law also requires slower moving drivers to move out of the way of faster moving vehicles.

Recently, the National Highway Traffic Safety Administration (NHTSA) issued a safety advisory to all owners of vehicles with a model year of 2007 or earlier. Even though summer has just begun, the warning advised these car and SUV owners as to the potential for brake pipe corrosion due to exposure to road salt occurring over a period of seven to eight years of exposure to winter road salts. If the brake pipe corrosion is not timely addressed, according to the NHTSA, there is a potential for brake pipe failure which can lead to serious and sometimes fatal accidents.

It was a disaster that left eight people dead and more than 200 injured. The deceased include a college dean, software architect, Naval Academy student, and an executive. Families nationwide are mourning the tragic loss of these meaningful lives and new evidence has emerged that the fatal Amtrak derailing incident may likely have been preventable if the railway had implemented the most up-to-date technology, according to CNN.

Summer means temperatures are rising across the country. As such, the Department of Transportation's National Highway Traffic Safety Administration (NHTSA) is, once again, issuing a warning to parents and caregivers of young children that leaving a child unattended in a parked car, for even a short length of time, can cause heatstroke and prove fatal.

The fatal truck accident last year which claimed the life of comedian James McNair and seriously injured actor/comedian Tracy Morgan propelled the issue of fatigued truckers into the foreground of public concern. The accident occurred when a drowsy trucker failed to stop in time for slowed traffic, slamming into the vehicle carrying McNair, Morgan and several others. Investigations revealed that the Wal-Mart trucker responsible for the accident had not slept for over 24 hours. This fatal accident led to criminal charges and several civil claims, according to ABC News.

Property accidents that involve large living structures, such as apartments, condominiums and retirement communities have the potential to affect hundreds of peoples' lives. In such large residential complexes, fires can occur for any reason at any given time. For example, if a fire starts in the kitchen of a retirement home, the other side of the building may not even be aware of the fire until it has completely spread. When this occurs, it is not always easy to evacuate each and every resident and employee in time before the engulfs the entire building.

Anybody who has suffered injuries as a result of any type of accident already knows just how stressful and painful the aftermath can be. Further, personal injury cases typically involve situations where one person or party is at fault for causing a motor vehicle collision; however, there are accidents that occur where more than one person may be at fault for causing the accident, including the plaintiff.

Recently, Dave Goldberg, the CEO of SurveyMonkey, sustained severe head trauma after falling off of a treadmill while exercising in a Mexican resort, according to New York Daily News. His brother was the first to find Goldberg lying next to the machine with a large gash to his head. Goldberg was alive while transported to the hospital, but later sadly died as a result of the injuries. His wife and two children are devastated by the loss of their loved one, who was described as a compassionate, courageous, and deeply intelligent individual.

Five people were recently killed in a tractor trailer crash on Interstate 16 near Savannah. The victims include a couple traveling to celebrate their birthdays and a woman and her young cousin on their way to visit the girl's hospitalized father. The tractor trailer crashed into two cars then tragically burst into flames. Traffic had halted near a construction zone before the crash, and police state that witnesses reported seeing the truck driver fall asleep at the wheel.

The risk of roadway accidents associated with on-the-job operation of cars and trucks affects millions of United States workers. The Centers for Disease Control and Prevention report that over 3.6 million workers in the United States drive cars or trucks as a part of their job. Nearly 1.6 million of these workers are employed as commercial truck drivers. Over 1,153 workers were killed in 2012 while operating motor vehicles on-the-job. Another nearly 300 pedestrians died as a result of being struck by a car or truck and over 200 died in crashes occurring off the roadway.

According to alarming statistics from the National Highway Traffic Safety Administration (NTHSA), more than 423 people in passenger vehicles die each year when their vehicle strikes the back of a large truck, leaving another 5,000 injured. Safety standards do exist to prevent "underride accidents," which are defined as crashes involving a car traveling and getting pinned under a large truck. Although many modern semitrailers adequately prevent vehicles from sliding underneath them, new studies demonstrate that not all of these protections are working.

A cement truck that overturned in Midtown crushed three cars and sent several to the hospital, including a former Atlanta mayor, according to WSB TV. The accident happened on Monday, May 11th when a cement truck drove through an intersection as the light was turning red and a Lexus pulled out in front of it. The cement truck driver swerved in an effort to avoid the car, but the weight of the vehicle tipped the truck. One man had to be pulled from his crushed car and was transported to the hospital for treatment of a head and hand injury.

Close to 4,000 people were killed in large truck accidents in 2012 and another 104,000 injured, according to the National Highway Traffic Safety Administration. Although many truck drivers are safe and law-abiding drivers, fatal crashes involving large trucks are on the rise and all road users are at risk. If you have been involved in a truck accident, it is vital that you retain an attorney to act as quickly as possible to secure the black box, or recorder, data from the truck involved. In recent years, it is become standard in the industry to equip trucks with a black box or event data recorder (EDR). Following a highly publicized tractor trailer accident last year involving a famous comedian and the death of his passenger, there has reportedly been an increased push towards requiring that all commercial trucks be equipped with black boxes. It is also important that this black box data be retrieved as soon as possible after the truck accident, as the information contained therein can substantially help your case.

Railroad accidents often result in severe injuries or death to many innocent victims, and while automobile accidents that involve trains and/or railroads are not as common as your ordinary car accident, they still occur much more frequently than they should. Many railroad accidents that involve vehicles occur at railroad crossings, and any vehicle involved is likely to be severely damaged by any impact with a train.

A catastrophic crash that killed five Georgia Southern University nursing students last month is being called indefensible and inexplicable in a new wrongful death suit brought by the parents of three of the deceased students, according to the Atlanta Journal Constitution. The accident occurred on I-16 in Bryan County, Georgia, rocking the local community. The wrongful death suit has included as defendants two truck drivers involved in the crash, their trucking companies, and insurers. Another nursing student injured in the accident has also filed a civil suit in Bryan County Superior Court and State Court.

According to CNN, on Tuesday, May 12, an Amtrak train left Washington with 238 passengers and five crew members aboard, heading for New York. Amtrak Northeast Regional Train 188 never made it to its destination and devastatingly derailed at about 9:30 p.m. in Philadelphia. Now, many are fighting to stay alive, while others mourn the loss of their loved ones as the entire community struggles to understand why this train suddenly derailed, sending cars and passengers flying.

Whether commuting to work or enjoying the back roads of Georgia on a weekend, motorcycles have become an increasingly popular mode of transportation for people from all socio-economic backgrounds. Georgia ranks 15th out of all states in terms of the number of registered motorcycles in our state. Because the summer provides warm weather, dry roads and vacation time, motorcyclists often travel more miles during the summer months. Alcohol consumption also is often a significant presence during many summer activities, but riding and drinking should never mix. While drunk driving is dangerous under any circumstances, our Atlanta motorcycle accident lawyers at Montlick and Associates urge motorcycle riders to abstain from riding if they have consumed any amount of alcohol.

Driving under the influence of alcohol or drugs is already widely known to be egregiously dangerous conduct that has the potential to result in serious injury or death to anyone involved in an accident. It is also widely known that young drivers who are not licensed to drive can pose a risk to themselves and others. When you combine both alcohol and/or drugs and unlicensed driving, the consequences could prove to be extremely dangerous.

Recently, according to The Des Moines Register, a jury in Iowa found a high school negligent for its handling of a student athlete's head injury. In 2012, a Bedford (Iowa) High School freshman allegedly told his coach that his teammates were continuously throwing footballs at his head. He asked the other students to stop, but they did not listen. To make matters worse, the coach said he would handle it, but apparently did nothing.

A 19 year old high school student tragically died in a fatal crash on Highway 25 in Waynesboro, Georgia. The Burke County Coroner reports that the driver was traveling in a 2001 Chevy Tahoe with four other teenagers. Reportedly, the vehicle suddenly swerved onto the median and flipped over several times. At least two of the teenagers were ejected from the car and it is believed that none of the teens were wearing seat belts. Initial crash investigations reveal that the driver may have overcorrected the wheel, causing the crash. Further, it does not appear drugs or alcohol were a factor in the accident.

Some Georgians have been lucky enough not to suffer serious injuries caused by an automobile accident. Others have not been so fortunate, and have had to deal with very debilitating injuries that are not easy to overcome. When thinking about automobile accidents in general, we oftentimes forget that injuries resulting from car accidents have the potential to be severe, and that it often takes more than a few days or weeks to heal. It is not until you yourself and/or your loved ones experience the horrific lifelong consequences of a Georgia automobile accident that you truly realize just what is at stake.

Negligence is the crux of most car accident cases. In the event of a car accident, in order to obtain compensation, you must establish the other driver is at fault for the accident that caused your injuries. Many people who have been involved in a car accident lack a full understanding of the term negligence and what it means to their accident case.

Recently, an ATV accident sent two young girls to the hospital, according to WRDW TV. The Columbia County Sheriff's Office reports that a nine year old girl was riding on a 4-wheeler, driven by her 14 year-old sister. The ATV was traveling too fast around a curve and lost control, slamming into a fence. Both riders were thrown from the vehicle when it hit several rocks and the fence post. A neighbor found the girls on the ground when she walked outside to pick her son up at the school bus stop.

According to WRDW TV, on Thursday, May 7, former Georgia State Senator Joey Brush was tragically killed in a motorcycle accident. The crash occurred on Columbia Road when a car headed east pulled in front of Brush's motorcycle at the intersection with Louisville Road in Columbia County, Georgia. The driver of the car has been deemed at fault for the accident and has been charged with homicide by vehicle in the 2nd degree as well as failure to yield at a stop sign.

According to Fox 2 News in Kentucky, a disturbing video has emerged online showing a young girl being dragged some 100 feet after her backpack became stuck in a closed school bus door. The incident occurred in Louisville, Kentucky and is the most recent of several dragging instances involving young children and school buses. The seven year old girl was getting off the school bus when her backpack became caught in the door. Police report the young girl was dragged at least 100 feet but neighbors believe the distance was far greater.

Cell phones have been around long enough for our society to see just how dangerous they can be when combined with driving. We all know that driving under the influence of alcohol or drugs can pose a significant safety risk to others, but it has taken longer than expected for many state legislatures to recognize that driving while texting is just as dangerous as driving under the influence. Laws regarding the use of cell phones while driving are different from state to state. Some states outlaw hands-on cell phone use completely, while other states may choose to only prohibit texting while driving, leaving drivers with he ability to talk on the phone.

A recent report by the US Centers for Disease Control and Prevention (CDC) offers some positive news about teen driver fatalities. The report reveals that the number of drivers between the ages of 16 and 19 involved in fatal car accidents across the United States has decreased by 55 percent over the ten year period between 2004 and 2013. The number of teen driver fatalities fell from from 5,724 annually to just 2,568.

According to Fox News, moments before she ran a red light and plowed into a pickup truck, a Florida woman texted her ex-boyfriend the following foreshadowing text, "Driving drunk woo...I'll be dead thanks to you." Although the woman managed to survive the August 2013 horrifying crash, she injured the driver of the other vehicle and has been charged with DUI manslaughter for causing the death of her friend and passenger.

Any automobile accident has the potential to be devastating. However, when children are involved, and suffer severe injuries or death, the situation becomes much more emotionally painful and difficult to overcome. There are many accidents where all vehicles involved have been following traffic laws, and the accident is just an unfortunate situation of being in the wrong place at the wrong time. In more tragic situations, serious traffic violations, such as street racing, contribute to an accident that most certainly could have been prevented. Continue reading to learn more.

According to WSB TV, a deadly crash occurred on Monday, May 18 in Cartersville, Georgia. Police from Bartow County are currently investigating the fatal Interstate 75 accident that occurred in the morning hours. Six vehicles, including an ambulance, were involved in the accident. Police report that a Ford pickup truck lost control in the northbound lanes and was hit by a Honda Accord. After the accident, both drivers left their vehicles. One parked in the left emergency lane and the other remained in left lane with oncoming traffic.

Many of us would agree that summer in Georgia is attractive to both residents and tourists alike. Specifically, it is a time where kids are out of school, and they get to enjoy their time at the pool, playing sports, or hanging out with friends. Teenagers waiting for the parental "green light" to drive are also out and about much more during the summertime than they are during the school year. Along with teenage driving comes the risk that accidents may result from driver inexperience. We all learned to drive once, and doing so can certainly be a frightening experience until we become more proficient. Teenagers should have an opportunity to learn to drive, but they must also follow all safety measures to ensure they themselves are not contributing to any accidents.

Both the state of Georgia as well as other states in the Southeast generally have numerous two-lane highways, and while some highways do allow for drivers to pass, others do not. It can be frustrating when there is a vehicle driving well under the speed limit that is holding not only you up, but also, numerous other drivers as well. While slow vehicles can certainly be a frustrating hindrance or even a hazard, such an inconvenience is much less harmful than an accident caused by a passing vehicle on a Georgia highway.

Motorcycles are a big part of many peoples' lives all across Georgia and in the Southeast. Not only are they a form of transportation, but are also seen as a hobby by some, and a way of life by others. Motorcycles, like any other vehicle, can be dangerous on any given road or highway, and at any given time. However, motorcycles are often seen as more dangerous than a car or truck, simply because motorcyclists and any passengers have very little, if any, protective barriers if they are involved in an accident.

Teen driving accidents are prevalent across Georgia and in the Southeast as young drivers are likely to be less attentive, and have much less driving experience than adults. Even if teen drivers are legally permitted to operate a vehicle, they still can be held responsible if they negligently cause an accident that results in injuries suffered by another, just as would be the case with any adult. However, there are situations where an underage driver and his or her parent(s) may be held responsible for negligently causing an accident.

When thinking about automobile accidents in Georgia, we generally assume that the accident was likely caused by driver error, and that one particular driver may be at fault for causing injuries suffered by others involved in the accident. We often forget about how our cars may give out, and the cause of an accident may be due to worn out brakes, compromised steering, or due to a variety of tire issues. Given that Georgia has very warm, and sometimes quite humid weather during parts of the year, your tires pressure may change from day to day.

Automobile accidents have the potential to result in the loss of life in situations where the injuries are simply too extensive. Whatever the reason may be for the exact cause of an automobile accident, the mere fact that you have lost a loved one is enough to cause stress and emotional harm that you never thought you would ever have to experience. In the state of Georgia, along with many other states across the United States, a wrongful death lawsuit or survivor action or claim may be filed against an individual or party who is at fault for causing the accident that resulted in your loved one's death. A wrongful death lawsuit is a type of personal injury action that enables a loved one's family to seek compensation for a death that simply did not need to occur.

Many Georgians love taking road trips in the summer, experiencing what the south has to offer. Along with this influx of traffic comes the risk of accidents occurring. This is especially the case when people take long road trips, whether they are limited to Georgia or expansive across the United States. Long road trips create a host of situations that put drivers and passengers at an increased risk of suffering injuries as a result of an automobile accident.

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Please Note:Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.